Komatsu v. The City of New York

Background

Towaki Komatsu, appearing without a lawyer, brought an action under 42 U.S.C. §§ 1983, 1985, and 1988, as well as state law. He alleges that the defendants unlawfully prevented him from attending two public meetings. The opinion states that the court had previously granted his request to proceed without prepaying filing fees.

Service on Named Defendants

Because Komatsu was permitted to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after the summonses are issued, because Komatsu could not serve the summonses and complaint before the court reviewed the complaint and ordered the summonses issued. The order states that, if service is not completed within that period, Komatsu should request an extension of time.

The Clerk of Court was directed to complete the required service forms, issue summonses, and provide the Marshals Service with the paperwork needed to serve the City of New York; NYPD Inspector Howard Redmond; former NYPD Lieutenant Ralph Nieves; NYPD Officer Karl Pfeffer; NYPD Officer Andrew Berkowitz; NYPD Officer Cruz; NYPD Officer Hansen; NYPD Officer Christopher Fowler; NYPD Officer Lance; NYPD Officer Juanita Holmes; NYPD Lieutenant Richard Mantellino; Mayor Bill de Blasio; and former NYPD Commissioner James O’Neill.

The order also requires Komatsu to notify the court in writing if his address changes. It states that the court may dismiss the action if he fails to do so.

John Doe Defendant

The complaint identifies an unnamed defendant as “NYPD Officer John Doe8-30-17a.” Applying the rule that a person proceeding without a lawyer may receive court assistance in identifying a defendant, the court found that the complaint provided enough information for the New York City Police Department to identify this officer.

The court directed the New York City Law Department, identified in the opinion as the NYPD’s attorney and agent, to determine the officer’s identity and a service address and provide that information to Komatsu and the court within 60 days of the order. Within 30 days after receiving the information, Komatsu must file a second amended complaint naming the John Doe defendant. The second amended complaint will replace, rather than supplement, the amended complaint. The court will screen that complaint and, if necessary, direct the Clerk to prepare the service forms and provide the materials to the Marshals Service.

Disposition

The court entered an order directing the Clerk to mail the order and an information package to Komatsu, issue summonses, and arrange service on the named defendants through the Marshals Service. The Clerk was also directed to send the order and complaint to the New York City Law Department. This order addressed service and identification of a defendant; it did not decide the merits of Komatsu’s claims.